Manish Kumar @ Manish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67384 of 2019 Arising Out of PS. Case No.-219 Year-2018 Thana- FATUA District- Patna ====================================================== Manish Kumar @ Manish Paswan, Son of Dilip Paswan @ Dilip kumar, Resident of village- Maksudpur (Kewala Tal), Police station- Fatuha, DistrictPatna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suryadeo Prasad Singh For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking anticipatory bail in connection with Fatuha P.S. Case No.219 of 2018 registered for the offences punishable under Section 379 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that the name of this petitioner has transpired in the confessional statement of the co-accused. Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case wherein the name of this petitioner is said to have transpired in the confessional statement of the co-accused from whose possession

Patna High Court CR. MISC. No.67384 of 2019(3) dt.19-12-2019 2/2 tempo has been recovered but the petitioner has got no criminal antecedent and there is no other material to connect him in this case, let the petitioner in the event of his arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna City in connection with Fatuha P.S. Case No.219 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court.